shari a law in commercial and banking arbitration law and practice in saudi arabia

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Shari A Law In Commercial And Banking Arbitration

Author : Abdulrahman Yahya Baamir
ISBN : 9781317055631
Genre : Law
File Size : 50. 12 MB
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This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Saudi Law And Judicial Practice In Commercial And Banking Arbitration

Author : Abdulrahman Baamir
ISBN : OCLC:820776152
Genre :
File Size : 42. 67 MB
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This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari'a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari'a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari'a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not "strong" enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari'a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.

Islamic Law And International Commercial Arbitration

Author : Maria Bhatti
ISBN : 9780429888212
Genre : Business & Economics
File Size : 84. 12 MB
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This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Mixed Legal Systems East And West

Author : Vernon Valentine Palmer
ISBN : 9781317095385
Genre : Law
File Size : 63. 8 MB
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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Practitioner S Guide To Arbitration In The Middle East And North Africa

Author : Essam Al Tamimi
ISBN : 9781933833309
Genre : Law
File Size : 65. 68 MB
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The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Die Anf Ge Der Islamischen Jurisprudenz

Author : Harald Motzki
ISBN : UVA:X002006314
Genre : Jurisprudence
File Size : 80. 25 MB
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Martindale Hubbell International Law Directory

Author :
ISBN : 1561602752
Genre : International law
File Size : 88. 36 MB
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Islamic Commercial Law

Author : Mohamed H Reda
ISBN : 9789004344464
Genre : Law
File Size : 71. 71 MB
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Doing Business In Saudi Arabia

Author : Michael O'Kane
ISBN : 9780615431789
Genre : Business & Economics
File Size : 31. 28 MB
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Now greatly expanded, with new sections covering the new Saudi mortgage law, dispute resolution and more!Doing business in Saudi Arabia can be perilous for the new enterprise but promises rich rewards. Those who wish to tap the commercial riches of doing business in the Kingdom of Saudi Arabia need this book. Unlike other books about doing business in the Kingdom, this practical guide will help you avoid the mistakes and pitfalls for the unwary. Among the topics covered are:Corporate FormationGovernment ContractsTort LawSaudi Powers of AttorneyBanking SystemIslamic FinancingOpening Bank AccountsCapital MarketsSecurities BusinessPrivate PlacementsForeign InvestmentImport StandardsCustomsContractor ClassificationTypes of Business EntitiesAgency and DistributionReal PropertyMortgage and Finance LawsConveyancingLiquidationLabor LawIntellectual PropertyTaxation (yes, there are taxes in Saudi Arabia)MiningE-Commerce and Data ProtectionWTO IssuesCorrupt PracticesDispute ResolutionThe New Saudi Arbitration Law...and more.Similar books sell for two or three times the price. Newly revised as of March, 2013, this book is an indispensable tool for any company seeking to open new business lines in the Kingdom.

Introduction To Middle Eastern Law

Author : Chibli Mallat
ISBN : 9780199230495
Genre : History
File Size : 46. 25 MB
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Mapping out Middle Eastern law from its earliest records to the latest decisions of Middle Eastern high courts, Mallat focuses on the way legislators and courts conceive of law and apply it, and introduces its main sources and legal concepts in a manner accessible to the non-specialist legal scholar or practitioner.

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